Policy & Regulation

Policy & Regulation / Recently Commented

Are We at the Dawn of a New Cold War?

Over the past say six months there are trends and events on and around the Internet that made me come up with this bizarre sounding question. Still it may actually make sense if we look at some facts. I'll be honest up front. This is a contribution that is not totally thought over and more a compilation of ideas and impressions gathered over the past weeks and months. Still, it could well serve as the beginning of a discussion on giving the recent events a place. There's nothing better than a provocative question in that case! Let's start here. more

Biggest Deal in Telecom Policy Since the AT&T Divestiture

The biggest communications policy moment since the AT&T divestiture has just happened: The $100 million-dollar-march (or more -- what Comcast spent to make sure this happened) has ponderously, self-evidently reached its conclusion with the FCC's approval of the merger between Comcast and NBCU. It wasn't the subtlest campaign; it didn't need to be; it was effective in its discipline and heavy persistence. The tweets are flying and the journalists are already weighing in. more

Rod Beckstrom, Twiki and the Foswiki fork - ICANN Must “Get Things Right” on New TLDs

One of the most disastrous things that could happen to the DNS would be for the root to "split", as it would mean that identifiers would no longer be universal. Instead, "Example.com" would have totally different meanings for different users, substantially reducing the benefits of domain names. Can this happen? Important lessons for ICANN can be learned by studying the history of Rod Beckstrom, Twiki and Foswiki. more

New, Old and Forgotten Frames in the Network Neutrality Debate

One key reason for confusion about Network Neutrality lies in the many different and inconsistent frames used to shape the debate. The Tea Party has entered the fray by characterizing the matter primarily in terms of freedom. Republicans decry the "job killing" impact of the FCC's rules. Network Neutrality advocates appear ambivalent whether the FCC has capitulated to special interests, or shaped a pragmatic compromise. more

Has the FCC Created a Stone Too Heavy for It to Lift?

After five years of bickering, the FCC passed an Open Internet Report & Order on a partisan 3-2 vote this week. The order is meant to guarantee that the Internet of the future will be just as free and open as the Internet of the past. Its success depends on how fast the Commission can transform itself from an old school telecom regulator wired to resist change into an innovation stimulator embracing opportunity. One thing we can be sure about is that the order hasn't tamped down the hyperbole that's fueled the fight to control the Internet's constituent parts for all these years. more

Two Years Later Dozens of Registrars Still in the Shadows

In June of 2008 KnujOn reported that 70 Registrars did not have a business address listed in the InterNIC Registrar Directory. Only after reporting a month later that little had changed did ICANN perform a mass update of the directory. On further inspection we found many of the newly disclosed addresses were phantom locations, false addresses, and PO boxes. more

Canada’s Anti-spam Bill C-28 is the Law of the Land

It's been a long time coming, but Canada has an anti-spam law, and one, which sets a new world standard, and a tough, but fair, opt-in protocol for everyone in North America who sends commercial email and other electronic messages. Yesterday, The Canadian Senate voted to accept Bill C-28, and today, December 15, at 13:00 eastern, it will be given Royal Asset of the Governor General of Canada, His Excellency the Right Honourable David Johnston. more

What’s Driving Spam and Domain Fraud? Illicit Drug Traffic

Spam is not about who sent it, it's about who benefits from it. For a moment forget everything you know about filters, zombie PCs, firewalls, spoofing, viruses, beisyan algorithms, header forgery, botnets, or blacklists. These are all methods for sending spam or preventing spam delivery. None of these explain why spam is sent and for far too long all the attention has been paid to the effects and not the driving force. Under the endless onslaught of junk mail it is easy to feel that the goal of the game is send spam and annoy us all. more

Who Is Blocking WHOIS? Part 2

We have just returned from the Brussels, Belgium ICANN meeting where we released our Registrar audit, the Internet "Doomsday Book." There are many topics covered in the report, but we wanted to follow up specifically on the issue of WHOIS access and add data to our previous column Who Is Blocking WHOIS? which covered Registrar denial of their contracted obligation to support Port 43 WHOIS access. more

Open Internet and Democratic Principles Under Attack

It is somewhat ironic that, several years ago now, Rupert Murdoch (while hinting at China) said something along the lines of the new media constituting a threat to totalitarian regimes, and that these regimes would have to open up and democratise. At that time the entire the western world, led by America (perhaps quietly), applauded his statement. ... However, now that those western leaders are being confronted with exactly the same issues, and are seeing for themselves the enormous democratic benefits of the Internet, they are behaving in a most authoritarian way. more

No Free Lunch in Internet Peering or Transit

Like many of you, I am keenly following the Comcast-Level 3 dispute and am trying to make sense of it all. The dispute confirms several universal principles about Internet traffic routing that have passed the test of time. ... Consumers pay Internet Service Providers ("ISPs") a monthly subscription with the expectation that the fee covers access to available content, i.e., the conduit. As the World Wide Web evolves and content options diversify to include full motion video, consumers simply expect their ISPs to make sure the download distribution pipes are sufficiently robust to handle high bandwidth requirements and commensurately large monthly download volume. more

WiFi in All U.S. Federal Buildings

Legislation has been introduced in the US that will require all public federal buildings to install WiFi base stations in order to free up cell phone networks. The Federal Wi-Net Act would mandate the installation of small WiFi base stations in all publicly accessible federal buildings in order to increase wireless coverage and free up mobile networks. The bill would require all new buildings under construction to comply and all older buildings to be retrofitted by 2014. It also orders $15 million from the Federal Buildings Fund be allocated to fund the installations. more

ICANN’s Governance Conundrum

After reading Steve Delbianco's recent CircleID article entitled The Tale of Two Governance Models I was torn. On one hand I agreed and supported Steve's comments about the strength of the bottom-up consensus driven model upon which ICANN was originally founded. As I am about to begin my thirty fifth ICANN regional meeting over the last eleven years, it is a model which I still believe in and fiercely fight to defend. However, on the other hand I look back over the last eleven years... more

How to Discredit Net Neutrality

On Tuesday (November 30) Internet backbone provider Level3 publicly accused cable-based ISP Comcast of trying to thwart competing video services delivered through the internet. Comcast was, according to Level3, suddenly choosing to charge it more because of its carriage of Netflix traffic. The accusation was consciously framed to raise net neutrality alarms. It appeared as if a cable TV giant was using its control of internet access to make access to a competing, over the top video service more expensive... Then the full story came out. more

Bad Timing: Comcast, Netflix, NN, Cable Modems, and NBCU

Comcast, the largest broadband provider, largest pay-TV company, and third-largest telephone company in the country, distributes communications services to more than a third of the country. Today Comcast's existing overwhelming market power was on display in major public battles with (1) Level 3 and (2) cable modem manufacturer Zoom. The takeaway from today: No market forces are constraining Comcast -- or any of the other major cable distributors, none of which compete with each other. more